Legal Question in Personal Injury in California
Pain and Suffering for allergy
My husband, two children and I went to San Francisco rest. for lunch. I asked for a regular iced tea from the guy behind the counter at a Belgium rest. Upon one single sip I tasted a fruit flavor in my tea. I am allergic to mangos. It was Mango tea. The guy didnt speak enough English to understand my rantings. We asked for a manager. She came. She too barely spoke English. Asked if I needed an ambulance. I said yes, if I stop breathing. Which started within 10 min. SFFD came. 6 guys worked on me, then transported me to a local hospital. The insurance company is willing to reimburse all my medical, I have already had to pay. Ins. offered to pay only this today. I have signed nothing. BUT, I want to ask this question:
Can I ask for pain and suffering to be paid for the trauma my children have now endured? How do I know what is an adequate amount to ask for or accept?
My children are basically traumatized by this experience. They freak out every time I attempt to even order iced tea at any restaurant now. I asked the restaurant's insurance to make me an offer for all pain and suffering. I don't want to play the amateur lawyer role, but if I have a basic guideline of amounts offered, then I won't be taken with their offer.
3 Answers from Attorneys
Re: Pain and Suffering for allergy
Yes you can get additonal compensation. You should consult an attorney ASAP. Call if interested.
Re: Pain and Suffering for allergy
Already answered.
Re: Pain and Suffering for allergy
It isn't clear whether you are talking about your own health insurance or the restaurant's liability insurance. Your health insurance is only responsible for paying your medical expenses and is not on the hook for pain and suffering unless your policy contains an unusual clause which covers such harm.
You may be able to claim damages for pain and suffering from the restaurant (and, thereby, from its liability insurer), though how strong your case would be isn't clear from the limited facts you have given.
It seems very unlikely that the restaurant could be held liable for the trauma your children endured when they saw your reaction, but here again I might have a different response if I knew more about the facts.
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